(1 ) The Commandant shall have the authority to suspend, reduce, dismiss or fine an amount not exceeding rupees two hundred and filty, any member ol the Home Guards, under his control, if such member, without reasonable cause, on being called out under section 4 neglects or refuses to obey such order or to discharge his functions and duties as a member of Home Guards or to obey any such lawful order or direction given to him for the perFormance of his lunctions and duties or is guilty of any breach of discipline or misconduct, the Commandant shall also have the authority to dismiss any member of the Home Guards on the ground ol conduct which has led to his conviction on a criminal charge. The Commandant General shall have the like authority in respect of any member ol the Home Guards appointed to a post under his immediate control.
(2) Notwithstanding anything contained in this Act, the Commandant shall have the authority to discharge any member of the Home Guards at any time subject to such conditions as may be prescribed, if , in the opinion of the Commandant, the services of such member are no longer required. The C,ommandant Generalshall have the like authority in respect of any member of the Home Guards appointed to a post under his immediate control.
(3) When the Commandant General or the Commandant passes an order suspending, reducing, dismissing or fining any membef ol the Home Guards under sub-section (1), he shall record such order or cause the same to be recorded, together with the reasons thereol and a note ol the inquiry made in writing and no such order shall be passed by the Commandant General or the Commandant unless the person concerned is given an opportunity to be heard in his detence.
Punishment of members tor negligence oI duty, etc.
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(4) Any member of the Home Guards aggrieved by an order of the Commandant may appeal against such order to the Commandant General and any such member aggrieved by an order of the Commandant General may appeal against such order to lhe Secretary/ Commissioner ol Home, Government of Arunachal Pradesh within thirty days ol the dale on which he was served with notice of such order. The Commandant General or the Secretary/Commissioner of Home as the case may be, may pass such order as he thinks fit.
(5) The Commandant General or Secretary/ Commissioner of Home may, at any time, call for and examine the record ol any order passed by the CommandanvCommandant General as the case may be under sub-seclion (1) or (2) lor the purpose of satisfying himself as to the legality or propriety ol such order passed by the Commandant or Commandant General as the case may be and may pass such order with reference thereto as he thinks fit.
(6) Every order if no appeal is made theref rom as hereinbefore provided and every order passed in appeal or revasion under this section shall be Iinal.
(7) Any f ine imposed under this section may be recovered in the mannerprovided bythe Code of Criminal Procedure, 1973 (2 ot 1974]. lot the recovery of llnes imposed by a Court as il such lines were imposed by a Court.
(8) Any punishment inflicted on a member of the Home Guards under this section shall be in addition to the penalty to which such member is liable under section 7 or any other law lor the time being in force.
Penglty.(1) lf any member of the Home Guards, on being called out under section 4, without reasonable excuse, neglects or refuses to obey such order, or to discharge his functions as a member o{ lhe Home Guards, or to obey any laMul order or direction given to him for the perFormance ot his duties, he shall, on conviction, be punishable with simple imprisonmentlor a term which may extend to three months or with fine which may extend to two hundred and fifty rupees or with both.
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(2) ll any member of the Home Guards willfully neglects or retuses to deliver up his certificate of appointment or of office or any other article, in accordance with the provisions of sub-section
(1) of section 7, he shall, on conviction, be punished with imprisonment Ior a term which may extend to one month or with Iine which may extend to one hundred rupees or with both.
(3) No proceeding shall be instituted under subsection (1) or (2) without the prior sanction of the Commandant.
(4) A pohce otlrcer may arrest without warrant any person who commits an otfence punishable under sub-sectidn (1) or (2).
10. The State Government may, by notilication, make rules on lhe following matters for carrying out the provisions of theAct.
(a) providing Ior the exercise by any otficer ol the Home G uards of the powers conferred by section 4 of the Commandant and the Commandant General;
(b) providing lor the exercise of control by officers of the police force over members of the Home Guards when acting in aid of the police force;
(c) regarding the organization, appointment, conditions of service, lunctions, discipline, arms, accoutrements and clothing of members ol the Home Guards and the manner in which they may be called out for service;
(d) regulating the exercise by members of the Home Guards of any of the powers exercisable under section 5 of this Act;
(e) generally for giving etfect to the provisions ol this Act.
1.1 . Members of the Home Guards acting under this Act shall be deemed to be public servants within the meaning ol section 21 of the lndian Penal Code (XLV ol 1860).
Powers lo make rules Members ol Home Guards to be public servant.
Repeal and savings.
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